1 / 3 2025:CGHC:12899 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2160 of 202 5 • Manish David S/o John Michale David Aged About 45 Years R/o Village - Dondi, District - Balod Chhattisgarh Presently R/o Behind Bullet Showroom, Baikunthpur, Police Station - Baikunthpur, District - Koriya Chhattisgarh. ... Applicant versus • State of Chhattisgarh through Station House Officer, Police Chowki - Kotba, Police Station - Bagbahara, District - Jashpur Chhattisgarh ... Respondent For Applicant : Mr. Malay Shrivastava, Advocate For Respondent-State : Mr. Sangharsh Pandey, Govt. Advocate Hon'ble Shri Ramesh Sinha, Chief Justice ORDER ON BOARD 18/03/2025 1. Applicant has filed this first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No. 124/2024 registered at Police Station – Chowki Kotba, P.S. Baghbahara, District Jashpur (C.G.) for offence punishable under Section 420, 467, 468, 471, 379, 34 of IPC. 2. Case of prosecution in brief is that complainant Ashish Sharma lodged a written report in the police station chowki Kotba that on 12.08.2024 an R.C. Book was received through courier in which registration number CG29AG1344 and registration date 06.02.2024 is mentioned, which is financed by Hinduja Leyland Finance and according to him neither he nor his family member has purchased any vehicle of any kind during said year, nor his original documents were used by any of his relative in order to purchase PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA 2 / 3 the vehicle. Someone has misused these documents, photocopy of which were kept in the scooty’s trunk. On the basis of said complaint, aforesaid crime was registered under Section 420, 34 of IPC. During course of investigation, present applicant along with co-accused Shahrukh, Wasim Akram @ Bablu were arrested. Their memorandum statement were recorded in which they have confessed to the crime and thereafter offence under Section 467, 468, 471, 379 of IPC were also added. 3. Learned counsel for applicant submits that applicant is innocent, he has not committed any offence as alleged. There is no direct piece of evidence against the applicant to connect him in the present case, he has been arrayed in the case because he is the Manager of the showroom and through him online transactions were done to the showroom. Applicant is in jail since 13.11.2024, charge-sheet has been filed, hence, he may be released on regular bail. 4. On the other hand, learned State counsel opposes the prayer made in the bail application. 5. I have heard learned counsel for the parties and perused the documents placed on record. 6. Taking into consideration facts and circumstances of the case, nature of allegation, submission made by learned counsel for the applicant, period of detention of applicant and the fact that chargesheet has been filed, without commenting anything on merits of the case, I am inclined to allow this application. 7. Accordingly, bail application is allowed. Let applicant shall be released on regular bail, upon furnishing a bail bond with one surety in the like sum to the satisfaction of the Court on the conditions that- (a) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. 3 / 3 (b) The applicant shall remain present before the trial court on each date fixed, either personally or through him counsel. In case of him absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (c) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (d) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) pwn Chief Justice